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I am in the middle of a medical malpractice suit against several defendants. My lawyer said something about joint and several liability but I forgot to ask her to explain what she meant. Do you know?

Joint and several liability in Massachusetts

Massachusetts law recognizes joint and several liability, meaning that if you win your case and more than one defendant is held responsible for your injuries, they are all responsible for the entire amount of your awarded damages.  If one defendant has no assets or no insurance, you can attempt to collect the entire amount from the other defendants. 
 
This concept applies to any type of joint liability.  For example, if two people take a loan from a bank and both sign the documents, those documents will typically specify that both debtors and "jointly and severally liable" for the full amount of the loan. That means the bank or creditor can sue both debtors for the entire amount of the loan.  Of course, the creditor cannot double-dip.  In other words, if the bank sues one debtor and collects the full amount of the obligation, it cannot then sue the other debtor for the same amount.  The debtor who paid, however, can turn around and sue the other debtor.  Good luck, and please tell your friends about The Forum.

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